Pennsylvania

  • March 07, 2024

    Penn State Suit Sets Off Debate Over Trademarks' Function

    The Pennsylvania State University and sports apparel retailer Vintage Brand are locked in a legal battle that could force courts to reexamine how trademarks function in merchandise licensing and potentially make it harder to prevail on counterfeiting claims, according to attorneys.

  • March 07, 2024

    Pa. Justices To Consider Liability Of Parents Hiding Son's Gun

    The Supreme Court of Pennsylvania agreed to hear an appeal asking whether the parents of a convicted murderer can be held liable for the victim's family's emotional trauma because their alleged concealment of the murder weapon delayed the discovery of their son's body.

  • March 07, 2024

    Pa. Counselor Says She Got No Help At Non-Accessible School

    A former school counselor with a prosthetic leg says her nonprofit employer refused to help when her assigned school wouldn't accommodate her disability, then fired her for complaining, according to a lawsuit filed in Pennsylvania state court.

  • March 07, 2024

    Pa. Panel Chides Court For Sealing Murder Case Docket

    The Pennsylvania Superior Court has ruled in a precedential opinion that a county judge violated the First Amendment in sealing the docket in a criminal case and denying access to local media trying to report on the alleged murder-for-hire of a man in Westmoreland County.

  • March 07, 2024

    Estate, Collector Settle Spat Over 'Blade Runner' Poster Art

    The family of a former movie poster artist and a Pennsylvania attorney-turned-art collector have settled a dispute over the original art for a "Blade Runner" poster, with the parties agreeing to sell the art and split the proceeds.

  • March 07, 2024

    Nissan Cooling Fans Defective, Class Suit Claims

    A proposed class of car buyers is suing Nissan North America Inc. in Tennessee federal court, alleging the automaker made and sold Pathfinder and Infiniti vehicles with defective radiator fans, leading to engines overheating and shutting down.

  • March 06, 2024

    Meta Must Tackle Increased Account Hijackings, 41 AGs Say

    A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.

  • March 06, 2024

    Pa. Pharma Co. Cops To Adulterated-Drug Charges

    A Pennsylvania generic drug manufacturer has pled guilty to federal charges that it sold adulterated drugs in the U.S. into interstate commerce and agreed to pay a $1.5 million penalty, the U.S. Department of Justice said Wednesday.

  • March 06, 2024

    Choice Can Confirm Award Over $61M In Franchisee Claims

    Choice Hotels has been ordered to pay a roughly $780,000 arbitration award after dozens of South Asian franchisees earlier fought the hotel chain's bid to arbitrate their claims that a vendor kickback scheme cost them $61 million.

  • March 06, 2024

    Norfolk Southern Can't Shift Cleanup Costs To Tank Car Cos.

    Norfolk Southern cannot dump environmental cleanup costs on seven tank car owners and shipping customers with rail cars transporting chemicals and hazardous materials on the train that derailed in East Palestine last year, an Ohio federal judge said Wednesday.

  • March 06, 2024

    3rd Circ. Questions Who Can Sue Under NJ Cannabis Law

    The Third Circuit on Wednesday struggled to pinpoint whether workers can sue employers under a New Jersey law that protects them from punishment for cannabis use, while also expressing unease about accepting Walmart's assertion that state regulators possess broad enforcement authority.

  • March 06, 2024

    NTSB Chief Says Boeing Isn't Sharing Info In Blowout Probe

    The National Transportation Safety Board's chief told a Senate panel Wednesday that The Boeing Co. still hasn't provided information about the door plug that blew off a 737 Max 9 jet two months ago, fueling troubling new questions as Boeing faces multiple probes into its safety culture and quality control.

  • March 06, 2024

    'Anarchists' Don't Absolve Newspaper Unions, Pa. Panel Told

    A Pennsylvania judge's finding that "anarchists" had joined up with striking unions outside a Pittsburgh Post-Gazette facility should not let the unions off the hook for blocking delivery vehicles from going in and out of the facility's parking lot, an attorney for the newspaper's publisher argued before a state appellate panel Wednesday.

  • March 06, 2024

    3rd Circ. Bristles At Exxon Ignoring OSHA Whistleblower Order

    A Third Circuit panel on Wednesday seemed exasperated with ExxonMobil's refusal to reinstate two fired whistleblowers despite an Occupational Safety and Health Administration order to do so, repeatedly grilling the energy company's counsel to come up with a good reason for flouting the directive.

  • March 06, 2024

    Sewer Deal Kept On Ice During Appeal In Philly Suburb's Ch. 9

    A Philadelphia bankruptcy judge Wednesday rejected a utility's latest effort to lift the automatic stay triggered by the City of Chester's Chapter 9 bankruptcy, which has delayed a $276.5 million sewer sale, saying it would require her to answer questions that are on appeal from a similar motion she nixed last year.

  • March 06, 2024

    Logistics Co. Escapes Ex-Worker's Age Bias Suit For Now

    A federal judge has tossed a man's suit claiming a logistics company forced him to quit because he's in his 60s, saying it appeared that the ex-employee should have invoked the laws of Pennsylvania, not New Jersey.

  • March 06, 2024

    Correctional Facility Settles Inmate's HIV Bias Suit

    A Pennsylvania county and a private correctional facility management company agreed to end a former inmate's suit claiming he was unlawfully barred from working in the kitchen after his HIV status was improperly disclosed, his attorneys announced Wednesday.

  • March 05, 2024

    Penn Perpetuates 'Virulent Anti-Jewish Hatred,' Students Say

    The University of Pennsylvania has fostered a culture of antisemitism that has only escalated since Hamas-led killings in Israel on Oct. 7, according to an amended federal complaint accusing the school of cultivating a "pervasively hostile educational environment."

  • March 05, 2024

    Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says

    An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.

  • March 05, 2024

    Philly, Dallas Feds Name New Top Attys

    The Federal Reserve Bank of Philadelphia on Tuesday announced it has promoted its deputy general counsel to senior vice president and general counsel, following a similar announcement from the Federal Reserve Bank of Dallas about its former interim general counsel.

  • March 05, 2024

    3rd Circ. Skeptical Of Teamsters' Belated Wage Grievance

    A Third Circuit panel appears likely to uphold a decision dismissing a union's wage grievance win despite buying that a cemetery operator disregarded their deal after all but agreeing Tuesday with a district court judge that the union waited too long to object to the company's alleged violation.

  • March 05, 2024

    Pa. Justices Ask If Pipeline Fight Is Preempted 'Civil Action'

    The Pennsylvania Supreme Court on Tuesday pondered whether the federal National Gas Act empowers the state to review permits for a pipeline project, or bars it from doing so, a question that hinges on whether appeals to a state board are preempted civil actions or administrative proceedings that would fall under the state's purview.  

  • March 05, 2024

    Rite Aid Process To Break Leases, Close Stores In Ch. 11 OK'd

    A New Jersey bankruptcy judge on Tuesday signed off on procedures for bankrupt retail pharmacy chain Rite Aid Corp. to potentially shutter 210 rented stores with fast-approaching lease rejection deadlines, overruling objections from two landlords.

  • March 05, 2024

    Judge's Side Job Invalidates Tax Rulings, Pa. Justices Told

    Pennsylvania's constitution has barred judges from holding second jobs since 1776, counsel for a Delaware County hospital told the state Supreme Court during an oral argument Tuesday, so a senior judge who started collecting pay from a Philadelphia tax appeals board had effectively resigned and his rulings on the hospital's tax appeals were invalid.

  • March 05, 2024

    FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told

    Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.

Expert Analysis

  • A Cautionary Tale Of Flawed Debt Accounting And SEC Fines

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    The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.

  • Minn. Product Case Highlights Challenges Of Misuse Defense

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    The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Self-Disclosure Lessons From Exemplary Corp. Resolutions

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    With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Post-Mallory, Calif. Personal Jurisdiction Unlikely To Expand

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    The U.S. Supreme Court's recent Mallory v. Norfolk Southern Railway decision, affirming that registration to do business in Pennsylvania means consenting to be sued in that state's courts, could prompt other states to experiment with similar laws — but such efforts would likely fail in California, say Virginia Milstead and Raza Rasheed at Skadden.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • Pa. Case Highlights Complexity Of Oil And Gas Leases

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    A Pennsylvania state court's recent decision in Douglas Equipment Inc. v. EQT Production Co. is a reminder that oil and gas leases are rather strange creatures — morphing from something akin to a traditional surface lease to a mineral property conveyance the moment oil and gas is produced, says Christopher Rogers at Frost Brown.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • The 7 Most Notable FCRA Cases Of 2023 So Far

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    Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Inflexible Remote Work Policies Can Put Employers In A Bind

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    As made clear in the recent decision by a Pennsylvania federal court in Oross v. Kutztown University, employers need to engage in individualized assessments of all requests for exemptions or accommodations to return-to-work policies to avoid potentially violating the Americans with Disabilities Act or Rehabilitation Act, say attorneys at Troutman Pepper. 

  • What Circuit Split May Mean For FCA Kickback Liability

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    The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

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